Omega World Travel
Business 888-380-9872  |  Vacation 800-756-6342  |  Meetings 800-969-4152   Facebook Twitter Google Youtube
Leading the Travel Industry
Spacer
Curve
Spacer
Fly America Act

Fly America Act

What does United States mean? 301-10.131
For purposes of the use of United States flag air carriers, United States means the 50 states, the District of Columbia, and the territories and possessions of the United States (49 U.S.C. 40102).

Who is required to use a U.S. flag air carrier? 301-10.132
Anyone whose air travel is financed by U.S. Government funds, except as provided in 301-10.135, 301-10.136, and 301-10.137.

What is a U.S. flag air carrier? 301-10.133
An air carrier which holds a certificate under 49 U.S.C. 41102 but does not include a foreign air carrier operating under a permit.

What is U.S. flag air carrier service? 301-10.134
U.S. flag air carrier service is service provided on an air carrier which holds a certificate under 49 U.S.C. 41102 and which service is authorized either by the carrier's certificate or by exemption or regulation. U.S. flag air carrier service also includes service provided under a code share agreement with a foreign air carrier in accordance with Title 14, Code of Federal Regulations when the ticket, or documentation for an electronic ticket, identifies the U.S. flag air carrier's designator code and flight number.

When must I travel using U.S. flag air carrier service? 301-10.135
You are required by 49 U.S.C. 40118, commonly referred to as the "Fly America Act," to use U.S. flag air carrier service for all air travel funded by the U.S. Government, except as provided in 301-10.136 and 301-10.137 or when one of the following exceptions applies:
(a) Use of a foreign air carrier is determined to be a matter of necessity in accordance with 301-10.138; or
(b) The transportation is provided under a bilateral or multilateral air transportation agreement to which the United States Government and the government of a foreign country are parties, and which the Department of Transportation has determined meets the requirements of the Fly America Act. As the U.S. – EU Open Skies Agreement is such an air transportation agreement, the General Services Administration (GSA) intends to issue regulations addressing the content of the provision on U.S. Government procured transportation included in the agreement to ensure that all are aware of the change made by the agreement. Regulation addressing air passenger transportation will be included in the FTR.
(c) You are an officer or employee of the Department of State, United States Information Agency, United States International Development Cooperation Agency, or the Arms Control Disarmament Agency, and your travel is paid with funds appropriated to one of these agencies and your travel is between two places outside the United States; or
(d) No U.S. flag air carrier provides service on a particular leg of the route, in which case, foreign air carrier service may be used, but only to or from the nearest interchange point on a usually traveled route to connect with U.S. flag air carrier service; or
(e) A U.S. flag air carrier involuntarily reroutes your travel on a foreign air carrier; or
(f) Service on a foreign air carrier would be three hours or less, and use of the U.S. flag air carrier would at least double your en route travel time; or (g) When the costs of transportation are reimbursed in full by a third party, such as a foreign government, international agency, or other organization.

What exceptions to the Fly America Act requirements apply when I travel between the United States and another country? 301-10.136
The exceptions are:
(a)If a U.S. flag air carrier offers nonstop or direct service (no aircraft change) from your origin to your destination, you must use the U.S. flag air carrier service unless such use would extend your travel time, including delay at origin, by 24 hours or more.
(b)If a U.S. flag air carrier does not offer nonstop or direct service (no aircraft change) between your origin and your destination, you must use a U.S. flag air carrier on every portion of the route where it provides service unless, when compared to using a foreign air carrier, such use would;
(1) Increase the number of aircraft changes you must make outside of the U.S. by 2 or more; or:
(2) Extend your travel time by at least 6 hours or more; or
(3) Require a connecting time of 4 hours or more at an overseas interchange point.

What exceptions to the Fly America Act requirements apply when I travel solely outside the United States, and a U.S. flag air carrier provides service between my origin and destination? 301-10.137
You must always use a U.S. flag carrier for such travel unless, when compared to using a foreign air carrier, such use would:
(a) Increase the number of aircraft changes you must make en route by 2 or more; or
(b) Extend your travel time by 6 hours or more; or
(c) Require a connecting time of 4 hours or more at an overseas interchange point.
What exceptions to the Fly America Act requirements apply when I travel solely outside the

United States, and a U.S. flag air carrier provides service between my origin and destination? 301-10.137
You must always use a U.S. flag carrier for such travel unless, when compared to using a foreign air carrier, such use would:
(a) Increase the number of aircraft changes you must make en route by 2 or more; or
(b) Extend your travel time by 6 hours or more; or
(c) Require a connecting time of 4 hours or more at an overseas interchange point.

In what circumstances is foreign air carrier service deemed a matter of necessity? 301-10.138
(a) Foreign air carrier service is deemed a necessity when service by a U.S. flag air carrier is available, but
(1) Cannot provide the air transportation needed; or
(2) Will not accomplish the agency's mission.
(b) Necessity includes, but is not limited to the following circumstances:
(1) When the agency determines that use of a foreign air carrier is necessary for medical reasons, including use of foreign air carrier service to reduce the number of connections and possible delays in the transportation of persons in need of medical treatment; or
(2) When use of a foreign air carrier is required to avoid an unreasonable risk to your safety (e.g., terrorist threats) and is approved by your agency. Written approval of the use of foreign air carrier service based on an unreasonable risk to your safety must be approved by your agency on a case-by-case basis. An agency determination and approval of use of a foreign air carrier based on a threat against a U.S. flag air carrier must be supported by a travel advisory notice issued by the Federal Aviation Administration and the Department of State. An agency determination and approval of use of a foreign air carrier based on a threat against Government employees or other travelers must be supported by evidence of the threat(s) that form the basis of the determination and approval; or
(3) When you can not purchase a ticket in your authorized class of service on a U.S. flag air carrier, and a seat is available in your authorized class of service on a foreign air carrier.

May I travel by a foreign air carrier if the cost of my ticket is less than traveling by a U.S. flag air carrier? 301-10.139
No. Foreign air carrier service may not be used solely based on the cost of your ticket.

May I use a foreign air carrier if the service is preferred by or is more convenient for my agency or me? 301-10.140
No. You must use U.S. flag air carrier service, unless you meet one of the exceptions in 301-10.135, 301-10.136, or 301-10.137; or unless foreign air carrier service is deemed a matter of necessity under 301-10.138.

Must I provide any special certification or documents if I use a foreign air carrier? 301-10.141
Yes, you must provide a certification, as required in section 301-10.142 and any other documents required by your agency. Your agency cannot pay your foreign air carrier if you do not provide the required certification.

What must the certification include? 301-10.142
The certification must include:
(a) Your name;
(b) The dates that you traveled;
(c) The origin and the destination of your travel;
(d) A detailed itinerary of your travel, name of the air carrier and flight number for each leg of the trip; and,
(e) A statement explaining why you met one of the exceptions in 301-10.135, 301-10.136, or 301-10.137 or a copy of your agency's written approval that foreign air carrier service was deemed a matter of necessity in accordance with 301-10.138.

What is my liability if I improperly use a foreign air carrier? 301-10.143

You will not be reimbursed for any transportation cost for which you improperly use foreign air carrier service. If you are authorized by your agency to use U.S. flag air carrier service for your entire trip and you improperly use a foreign air carrier for any part of or the entire trip (i.e., when not permitted under this regulation) your transportation cost on the foreign air carrier will not be payable by your agency. If your agency authorizes you to use U.S. flag air carrier service for part of your trip and foreign air carrier service for another part of your trip, and you improperly use a foreign air carrier (i.e., when neither authorized to do so nor otherwise permitted under this regulation) your agency will pay the transportation cost on the foreign air carrier for only the portion(s) of the trip for which you were authorized to use foreign air carrier service. The agency must establish internal procedures for denying reimbursement to travelers when use of a foreign air carrier was neither authorized nor otherwise permitted under this regulation.

 
Government Travel
 Avoiding the Middle Seat
 Government & Personal Travel
 Information & Procedures
 Multiple GSA City Pair Destinations
 Open Skies
 Per Diem Domestic
 Per Diem International
 Search GSA Airline City Pairs
 Secure Flight Program FAQ
 Travel Warnings
 Understanding Airfares
 
US Federal Web Pages
 Administrative Office of U.S. Courts
 Court Services and
   Offender Supervision Agency
 Dept. of Health and Human Services
 Department of Homeland Security
 National Institutes of Health
 

 
 
Spacer
LEGAL NOTICE    REPORTING    CONTACT US
Spacer
Spacer
Industry Partners
Spacer
 2014 ©OWT all rights reserved • 3102 Omega Office Park, Fairfax, VA 22031  
Omega's Partners Omega's Partners